Yogyakarta Principles: A summary

Although the Yogyakarta Declaration and the Principles are not binding, they are a very useful reference for parliamentarians (and others). Below is a summary of the principles.

Rights to universal enjoyment of human rights, non-discrimination and recognition before the law: Principles 1 through 3 establish the universality of human rights and their application to all without discrimination. All people have a right to recognition as a person before the law, regardless of their sexual orientation or gender identity. Forced medical procedures, like sterilization or sex reassignment surgery, cannot be required for legal recognition.

Rights to human and personal security: Principles 4 through 11 address fundamental rights to life, freedom from violence and torture, privacy, access to justice and freedom from arbitrary detention and human trafficking.

Economic, social and cultural rights: Principles 12 through 18 elaborate on non-discrimination in the enjoyment of economic, social and cultural rights. This covers the rights to employment, housing accommodations, social security and education, as well as sexual and reproductive health rights that include the right to informed consent and sex reassignment therapy.

Rights to expression, opinion and association: Principles 19 through 21 set forth the freedom to express oneself, one’s identity and one’s sexuality based on sexual orientation or gender identity, without State interference. Along with this right to free expression, everyone also has the right to freely participate in peaceful assemblies and associate.

Freedom of movement and asylum: Principles 22 and 23 highlight the rights of persons to seek asylum from persecution based on sexual orientation or gender identity.

Rights of participation in cultural and family life: Principles 24 to 26 address the rights of people to have family life and to participate in public affairs and the cultural life of their communities without discrimination based on sexual orientation or gender identity.

Rights of human rights defenders: Principle 27 establishes the right to defend and promote human rights without discrimination based on sexual orientation and gender identity, as well as the obligation of States to ensure the protection of human rights defenders working in these areas.

Rights of redress and accountability: Principles 28 and 29 elaborate on holding rights violators accountable and ensuring appropriate redress for those who face rights violations.

Additional recommendations: The Principles establish 16 additional recommendations to national human rights institutions, professional bodies, funders, nongovernmental organizations, the High Commissioner for Human Rights, United Nations agencies, treaty bodies, Special Procedures and others.

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